Those who owe the IRS will be able to sell them and pay off their debts
Until recently, anyone with a debt to the Inland Revenue could not sell a property and use the proceeds to pay off their debt.
From now on, taxpayers who cannot obtain tax information due to unpaid and unsettled debts to the Tax Office will be able to more easily proceed with the sale of property or collect money from the public.
AADE has activated the digital version of the Certificate of Debt, which is necessary for those who have unsettled overdue debts and wish to transfer real estate in order to pay off their debts with the price of the sale of the property.
With the new system, an additional source of inconvenience is eliminated for thousands of taxpayers, who are now freed from visits to the tax office to receive the certificate of the amount of their tax debts. According to estimates, this measure will facilitate over 300,000 transactions carried out annually.
According to a circular of the governor of AADE, Giorgos Pitsilis, clarifications are provided on the manner and conditions for granting the debt certificate, which debtors will be able to obtain with a few clicks on the electronic platform.
In detail, the circular provides:
The debt certificate is issued digitally for the collection of money or for the transfer of real estate following the submission of the application for the granting of proof of awareness for the collection of money or the transfer of real estate or the creation of a real right over it due to compelling reason with a price by the debtor beneficiary of the payment or the transferor of the real estate or the right in rem.
During the process of submitting the above application, the debtor is informed of the reasons for rejecting the issuance of a proof of awareness in accordance with the applicable provisions (such as the existence of total overdue basic debts of more than Euros not settled in a legal manner) and consents to the investigation of the possibility of issuing the debt certificate. In the event that the conditions for granting the digital debt certificate are not met, the applicant is informed of the reason for rejection through the application "Certificate of awareness - My Applications" of the "myAADE" digital portal.
The certificate of debt is issued if there are certified debts to the Tax Administration, for which the debtor is responsible for payment and which are written on it or the conditions for granting the proof of awareness are not met, in particular:
a) in the case of an application for the granting of a proof of awareness for the collection of money, when at least one of the conditions for granting a proof of awareness is not met
b) in the case of an application for the granting of a proof of awareness for the transfer of a property or the creation of a real right over it for compelling reasons with a price, when the conditions for granting the proof of awareness are not met solely and solely because of the confirmed debts to the Tax Administration, i.e. when the debtor for the for which the debt certificate is issued, has total overdue basic debts of more than 30 euros certified to the Tax Administration and not settled in a legal way (with an arrangement for partial payment, or with suspension of collection) or when, during the examination of the conditions for granting proof of awareness, the amount of withholding , as calculated on the objective value, exceeds the price.
Property transfer
If the certificate is issued for the transfer of real estate, the set of certified (individual, co-obligation and co-responsibility) overdue and non-due, regulated and non-regulated debts to the Tax Administration, for which the debtor (natural or legal person/ legal entity/property group) for which the debt certificate is issued. If the debt certificate is issued for the collection of money, the above set of debts includes the total certified debts suspended for collection, regardless of their amount, if they are overdue or not or if they have been subject to a partial payment arrangement
If the overdue debts under suspension of collection are not paid in full from the amount of the price attributed to the Tax Administration, regardless of whether they have been subject to a partial payment arrangement, for the granting of a debt certificate for the transfer of a property or the establishment of a real right over it due to compelling reason , approval from the relevant Supervisor is required to pursue the collection of service dues. In the event that the price falls short of the objective value of the property or the right established on it, without paying all the debts that are compulsorily included in the debt certificate, it is required as a condition for the granting of the debt certificate to ensure the collection of the remaining debts that they correspond to the difference between the objective value of the property or the right created on it and the price.
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